Barbara D. Linney

Partner

Washington, D.C.
T +1.202.861.1611
F +1.202.861.1783

Overview

Barbara Linney is co-leader of the International Trade team, and has more than 25 years of experience advising U.S and foreign clients on international trade and business issues. Her multinational practice spans numerous industries, notably including the defense, aerospace, oil and gas, maritime, and medical device industries. Barbara's practice has placed her before various federal agencies, including the U.S. Department of State’s Directorate of Defense Trade Controls (DDTC), the Bureau of Industry and Security of the Department of Commerce (BIS), and the U.S. Department of the Treasury’s Office of Foreign Assets Control (OFAC) and Committee on Foreign Investment in the United States (CFIUS). She is well-versed in providing practical, business-oriented advice on complex issues involving a wide range of regulatory requirements – from U.S. and international export and import controls, anti-boycott rules and defense security requirements, to international economic sanctions and embargoes, foreign investment reviews and anti-corruption legislation. Licensed to practice law in three countries (the United States, Canada and the United Kingdom), Barbara is well-qualified to handle cross-border regulatory matters involving these countries.

Barbara's in-depth knowledge of international trade and business matters make her a frequent speaker at conferences, both at home and abroad, as well as the author of numerous articles on these subjects. She is also an adjunct professor of export controls and economic sanctions at Georgetown University Law Center.

Select Experience

  • Represented private equity firms in connection with due diligence and notice and regulatory approval requirements in domestic and international corporate transactions, including mergers, acquisitions, financings, joint ventures and distribution agreements.
  • Represented buyers and sellers under review by CFIUS regarding proposed acquisitions and related security issues, including measures designed to mitigate foreign ownership, control or influence (FOCI), and related negotiation and implementation of special security agreements and proxy agreements with the Defense Security Service (DSS).
  • Counseled clients on legislative and regulatory changes to the CFIUS process, including pursuant to the Foreign Investment Risk Review Modernization Act (FIRRMA) and the impact of FIRRMA and the Export Control Reform Act of 2018 on transactions involving emerging and foundational technologies.
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Experience

  • Represented private equity firms in connection with due diligence and notice and regulatory approval requirements in domestic and international corporate transactions, including mergers, acquisitions, financings, joint ventures and distribution agreements.
  • Represented buyers and sellers under review by CFIUS regarding proposed acquisitions and related security issues, including measures designed to mitigate foreign ownership, control or influence (FOCI), and related negotiation and implementation of special security agreements and proxy agreements with the Defense Security Service (DSS).
  • Counseled clients on legislative and regulatory changes to the CFIUS process, including pursuant to the Foreign Investment Risk Review Modernization Act (FIRRMA) and the impact of FIRRMA and the Export Control Reform Act of 2018 on transactions involving emerging and foundational technologies.
  • Advised clients on compliance with U.S. export and import control laws and regulations, including the Arms Export Control Act (AECA), the International Traffic in Arms Regulations (ITAR), the Export Administration Regulations (EAR), the, controls on importation and sale of arms and ammunition administered by the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF), and Canadian and U.K. export control laws and regulations.
  • Advised U.S. and foreign clients on compliance with U.S. primary sanctions administered by OFAC and secondary sanctions administered by the U.S. Department of State, including statutory sanctions under legislation such as the Iran Sanctions Act and the Countering America’s Adversaries Through Sanctions Act (CAATSA).
  • Assisted foreign and domestic clients in obtaining product and technology jurisdiction and classification determinations, licenses and other regulatory approvals, as well as the design and implementation of trade and security compliance programs covering compliance with export controls, sanctions, and facility and personnel clearance requirements under the National Industrial Security Program Operating Manual (NISPOM).
  • Conducted internal investigation of possible violations of international trade and business laws for numerous clients and assisted in the preparation of voluntary and directed disclosures to various government agencies, including DDTC, BIS and OFAC.
  • Counseled numerous clients on compliance with anti-corruption laws, including the Foreign Corrupt Practices Act (FCPA), the U.K. Anti-Bribery Act and Canada’s Corruption of Foreign Public Officials Act.

Recognitions and Memberships

Recognitions

  • The Legal 500 United States (2013)
    • Recommended in Litigation -- International Trade and White-Collar Criminal Defense
  • Women in Federal Law Enforcement, Inc.: Executive Committee Award (2007)
  • Association of Women in International Trade, Inc.: Lifetime Achievement Award (2006)

Memberships

  • ABA Section of International Law
    • National Security Committee: Vice Chair, Membership
    • Women's Interest Network (WIN): Vice Chair, Projects
  • District of Columbia Bar Association
  • Women in Federal Law Enforcement (WIFLE)
  • Association of Women in International Trade, Inc. (WIIT)
    • Past President
  • Society of International Affairs
    • Co-author, Mergers, Acquisitions & Divestitures Handbook
    • Co-author, Compliance Toolkit

Community

  • Paralyzed Veterans Golf Open (PVGO): Steering Committee

Pro Bono

  • Women in Federal Law Enforcement, Inc. (WIFLE)
    • Pro Bono General Counsel
  • WIFLE Foundation, Inc.
    • Pro Bono General Counsel
  • Association of Women in International Trade, Inc. (WIIT)
    • Pro Bono General Counsel
  • WIIT Charitable Trust
    • Pro Bono General Counsel

Prior Positions

  • Georgetown University Law Center: Adjunct Professor, Export Controls and Economic Sanctions (2014 to present)

Admissions

  • U.S. Court of International Trade
  • U.S. Court of Appeals, Federal Circuit
  • U.S. Supreme Court
  • District of Columbia
  • New York
  • Law Society of Alberta
  • Law Society of England and Wales

Education

  • LL.M., International and Comparative Law, Georgetown University Law Center, 1991
  • LL.B., University of Saskatchewan College of Law, 1981, with distinction
  • B. Com., University of Manitoba, 1978, with honours